Can I Refuse to Take Field Sobriety Tests in Minnesota?
Minnesota is notorious for aggressively prosecuting DWIs. As a result, police departments spend a large amount of their resources trying to catch drunk drivers. In fact, they spend even more training their officers to get a conviction. Also, remember that they are trained to be convincing before juries. Consider, this is one of the few crimes where officers themselves may actually be witnesses to the crimes themselves rather than simply showing up after the fact and writing a report based upon what somebody else tells them.
Do Cops Have to Think I’m Drunk to Stop Me?
It’s important to know that officers don’t have to think you are drunk in order to stop you. They can stop you for driving conduct, weaving for example, but they can stop you for a broken tail light or expired tabs too plus a bunch of other reasons. The standard can be extraordinarily low. However, once they do stop you, this is where things can get dicey quickly.
If the police stop you and they think you might be drunk, how do they decide? While an officer will use their senses and look at your behavior, they will frequently use a set of field sobriety tests to determine whether you are under the influence.
So, what field sobriety tests might you face?
Horizontal Gaze Nystagmus Test (HGN) - In this test, the officer will use his/her finger or a pen and have you follow their movements with just your eyes. If your eyes don’t track smoothly (nystagmus), they will consider this “an indicia of intoxication.”
Walk and Turn Test - This test requires multiple commands to walk on an imaginary line that only the officer sees and if you don’t follow the directions exactly, this is considered “an indicia of intoxication.” Seriously.
One Legged Stand Test - This test also requires multiple commands to test your balance. It involves lifting one leg for a period of time on the side of the road without wavering or losing your balance. If you don’t follow the directions exactly, waiver, put your foot down, this is considered “an indicia of intoxication.”
The Portable Breath Test (PBT) - This is a small device frequently found in the trunk of the officer’s squad car. They will ask you to blow into it and if the number is above a certain limit, they will consider this “an indicia of intoxication” as well. You should know that this device is generally so unreliable that it is not even admissible at trial.
Do I have to Take These Tests?
The short answer is, no. You are not compelled to take these or other field sobriety tests. In fact, these tests are usually designed to acquire additional evidence to be used at trial in the event that you are arrested. Now, that being said, it is also important to remember that refusing to take these tests doesn’t mean that you still won’t be arrested. In fact, a refusal at this stage may actually motivate the officer to find other reasons to arrest you so it is important to consider whether cooperating with the field sobriety tests makes sense. However, a field sobriety test refusal also limits the evidence they state can use against you if you are ultimately arrested for DWI. Further, if the testing after arrest comes back below the legal limits, it is more likely that you will be released.
What About The Breath, Blood or Urine Tests They Ask for at the Station?
Once you have been arrested and taken to the station, the circumstances have changed dramatically. It may seem confusing but it is important to know the distinction. While you can refuse field sobriety tests on the road, under certain circumstances you may be obligated to submit to a breath, blood or urine test once you are arrested and at the station to determine if you are under the influence. If you are obligated to test and refuse, you could be charged with a more serious crime which comes with a whole set of other problems.
If you have been charged with a DWI here in Minnesota, it is critical you hire experienced counsel to represent you. These kinds of charges are aggressively prosecuted and may come with a series of other complications including jail or prison, license revocations, plate impoundment, and vehicle forfeiture. Know your rights and don’t try to do this alone.
Make Jack Rice Defense you first call.
Jack Rice, the founder of Jack Rice Defense is a former prosecutor, Board Certified Criminal Law Specialist and award winning DWI criminal defense attorney. If you are charged, make sure Jack Rice Defense is your first call. Call 651-447-7650 or 612-227-1339 for a free confidential consultation.